THE PROTECTION, CONSERVATION AND EFFECTIVE MANAGEMENT OF TRADITIONAL KNOWLEDGE RELATING TO BIOLOGICAL DIVERSITY, RULES, 2009(Draft)

The sui generis model for TK protection is separated into 9 chapters. The salient features of the draft bill, which identifies rights and duties of traditional communities and accessor, and also suggests the formation of a Traditional Knowledge Authority, includes: 

1) Definition of TK, abuse, access, accessor, benefit, informed consent, traditional community etc. 

2) Creation and maintenance of Traditional Knowledge register. 

3) Identification of the sources from where informed consent has to be gained to access TK. 

4) Indicative list of accessors who are required to obtain prior consent. 

5) Duties and obligations of the central Govt, State govts and TK Authority to ensure prevention of misuse of TK. 

6) Preparation of national policy, strategy and action plan by the TK Authority every 5 years, which ensures the protection, continuation of use and practice of TK and ensures sustainability of the resources including human resource on which TK is dependent. 

7) Duty of TK Authority to prevent biopiracy and other misuse of TK and to take preventive/punitive actions  to safeguard the same. 

8) TK Authority to be assigned with additional responsibility to ensure that the due environmental and social impact assessment be done before granting access to any traditional knowledge.

 9) TK Authority to ensure that the use of traditional knowledge is not against any public order or morality. 

10) TK Authority to educate and increase awareness in the communities to ensure just and fair negotiations. 

11) TK Authority to assigned powers to notify certain traditional knowledge as endangered or verge of extinction or likely to become extinct, and also the power to restrict access to such traditional knowledge. 

12) Appellate mechanism to appeal against the decision of TK Authority. The orders issued by Appellate Mechanism shall be applicable at the Supreme Court of India.

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